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New Executive Order on Border Security & Immigration

The University of California Office of the President (UCOP) issues Frequently Asked Questions for University Employees About Possible Federal Immigration Enforcement Actions on University Property. Learn more about UCOP guidance.

On March 6, 2017 the President of the United States revoked his prior Executive Order 13769, which had been issued January 27, 2017, and issued a new Executive Order that temporarily suspends visa issuance and U.S. entry for citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen for a period of 90-days. The new executive order is slated to go into effect March 16, 2017. On March 15, 2017, a U.S. District Court granted a motion for a temporary restraining order on certain sections of the new Executive Order. Please see the Latest Updates section below to learn more about the temporary restraining order.

The Order makes exceptions for the following individuals from the six designated countries:

U.S.lawful permanent residents should not be affected

Dual nationals of a designated country presenting a passport from a non-designated country should not be affected

Please note that citizens from affected countries who have been admitted to the U.S. prior to March 16, 2017 may legally remain in the U.S.

ISSO strongly cautions citizens from designated countries to refrain from international travel without first speaking with their ISSO adviser. ISSO also recommends that citizens from designated countries speak with their ISSO adviser if they may have questions about the impact that the new executive order may have on their immigration status.

Please know that ISSO is working closely with the UC Office of the President, UCSF General Counsel, our sister UC campuses, as well as our professional organizations (NAFSA, AILA) to monitor the continuing issues impacting our international community. ISSO will remain in close contact with affected communities as additional information becomes available. Updates will also be posted on this site as they become available.

The Department of Homeland Security website includes a Frequently Asked Questions page regarding the executive order to also provide guidance for affected individuals.

University of California and UC San Francisco Response

The UC Office of the President is working closely with UCSF and and the other UC campuses to ensure that any member of our community who is affected by the ban receives the help and support they need. The University of California supports legislative efforts to rescind the order and is committed to all members of its community.

UCSF's International Students and Scholars Office is prepared and available to provide support for any member of the UCSF community who could be affected by the executive order. Support includes access to immigration information, referrals to attorneys or legal services and, as required, case intervention with government agencies. Please email [email protected] for guidance.

Effective December 4, 2017, the Supreme Court ruled that Presidential Proclamation 9645 (also known as the Travel Ban) can go into effect while legal challenges proceed. This Proclamation partially or fully restricts entry into the United States for nationals of Chad, Iran, Libya, North Korea, Syria, Venezuela Yemen and Somalia.

The Proclamation contains specific provisions for each impacted country:

Chad, Libya and Yemen: Entry is allowable for non-immigrant visitors on visas such as F-1, J-1 and H-1B. Entry is suspended for B-1 business visitors, B-2 tourist visitors and immigrants.

Iran: Entry is allowable for visitors on F, M, and J visas. However, these visitors will be subject to enhanced security screening. Entry is suspended for all other immigrant and non-immigrant visitors.

North Korea, Somalia and Syria: Entry is suspended for all immigrant and non-immigrant visitors.

Venezuela: All nationals will face increased screening and scrutiny. Entry is specifically suspended for B-1 business visitors and B-2 tourist visitors (and their immediate family members) who hold official positions in government agencies involved in screening and vetting procedures.

While the Proclamation does not specifically call out Iraq in its country specific provisions, the Proclamation does state that there will be increased scrutiny for visa applicants who are Iraqi citizens.

IMPACT & RECOMMENDATIONS

Individuals with citizenship from Chad, Libya, Yemen, Iran, Venezuela and Iraq who are entering the US on allowable statuses should anticipate delays in visa issuance. ISSO will continue to process requests from nationals from the aforementioned countries.

If Departments would like to sponsor individuals with citizenship from North Korea, Somalia and Syria, please contact the ISSO at [email protected] for advice.

Please note that UCSF sponsored international students and scholars from impacted countries have been notified of the provisions within Proclamation 9645.

ISSO recognizes that this Proclamation brings uncertainty, and we encourage you to reach out to ISSO at [email protected] with questions or concerns. ISSO is working closely with the UC Office of the President, and our sister UC campuses, as well as our professional organizations (NAFSA, AILA) to monitor the continuing issues impacting our international community. ISSO will remain in close contact with affected communities as additional information becomes available.

September 24, 2017, US issues new targeted visa restrictions for nationals of Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen and Somalia

President Trump issued the “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats” proclamation. This proclamation requires the governments of Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen and Somalia to enhance their sharing of information with the United States before visas can be issued. Each country has unique requirements and restrictions under the proclamation. Most notably nationals of Iran sponsored on F/M student visas and J-1 Exchange visitor visas are not barred from visa issuance. Nationals of Chad, Libya and Yemen as well as government officials from Venezuela are specifically barred from B-1 Business or B-2 tourist visas. Nationals of North Korea and Somalia are barred from all visas categories.

For nationals of Iran, Libya, Syria, Yemen and Somalia who were subject to Executive Order 13780, these new restrictions are effective immediately. For nationals of Chad, North Korea and Venezuela the restrictions will begin on October 18th.

The ISSO will continue to monitor and update information about the new restrictions as soon as they develop. If you have questions on how these new restrictions may impact you, please contact your ISSO adviser.

June, 27, 2017, Updated guidance on executive order restricting travel and entry into the United States by individuals from Iran, Libya, Somalia, Sudan, Syria and Yemen (‘Designated Countries’) from University of California's Office of the President

The University of California's Office of the President has published guidance on the recent United States Supreme Court decision and implementation of Executive Order 13780. The new guidance may be read on the University of California's immigration webpage.

On Monday, June 26, 2017, the Supreme Court of the United States granted the U.S. government’s request for a stay of the previous lower court preliminary injunctions to the Executive Order 13780 “Travel Ban. This order bars nationals of Libya, Iran, Syria, Sudan, Somalia and Yemen from entry into the US for a period of ninety days. The Supreme Court’s decision allows the implementation of the Order with the exception that nationals of the designated countries may enter the United States if they can demonstrate a “bona fide relationship with a person or entity in the United States.”

At this time, there is no certainty as to what criteria US immigration agencies will use to recognize bona fide relationships.

The ISSO recommends that nationals from designated countries currently in the US on non-immigrant visas such as F, J or H-1B and without benefit of citizenship in a non-designated country, not travel abroad for the 90-day duration of the Executive Order, even if they possess a valid visa. We will update the community with more information as soon as we receive more guidance from the Department of State and Department of Homeland Security.

If you have questions on the Supreme Court ruling or Executive Order, please contact the ISSO by e-mail at [email protected] or by phone at 415.476.1773.

March 20, 2017, UCOP issues Frequently Asked Questions for University Employees About Possible Federal Immigration Enforcement Actions on University Property.

March 15, 2017, U.S. District Court grants motion for Temporary Restraining Order on certain sections of new Executive Order

A U.S. District Court of Hawaii issues nationwide temporary restraining order on certain sections of the new Executive Order. While the restraining order is in place, citizens from affected countries (Iran, Libya, Somalia, Sudan, Syria and Yemen) will be allowed to apply for visas abroad, and should be allowed U.S. entry with a valid visa (as long as these citizens are otherwise eligible). Learn more about the temporary restraining order issued by the U.S. District Court of Hawaii.

March 6, 2017, President Trump Issues new Executive Order, which revokes previous Executive Order on Border Security and Immigration

The President of the United States revoked his prior Executive Order 13769, which had been issued January 27, 2017, and issued a new Executive Order that temporarily suspends visa issuance and U.S. entry for citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen for a period of 90-days. The new executive order is slated to go into effect March 16, 2017.

A U.S. District Court grants a temporary restraining order (TRO) which temporarily prohibits enforcement of the Executive Order that bans entry of immigrants and non-immigrants from affected countries. The TRO also reverses the revocation of visas for individuals subject to the ban.

USCIS issues a statement that it will continue to adjudicate applications and petitions for individuals who hold citizenship from the seven affected countries cited in the January 27, 2017 Executive Order. The USCIS notification states,

USCIS continues to adjudicate applications and petitions filed for or on behalf of individuals in the United States regardless of their country of origin, and applications and petitions of lawful permanent residents outside the U.S. USCIS also continues to adjudicate applications and petitions for individuals outside the U.S. whose approval does not directly confer travel authorization. Applications to adjust status also continue to be adjudicated, according to existing policies and procedures, for applicants who are nationals of countries designated in the Jan. 27, 2017, “Executive Order: Protecting the Nation From Foreign Terrorist Entry Into the United States.”

Customs & Border Protection indicates the Executive Order does apply to dual nationals, but that they will be "treated according to the travel document they present." Individuals with dual citizenship should consult their ISSO Adviser prior to traveling abroad.

Department of Homeland Security releases a fact sheet stating that U.S. Lawful Permanent Residents (LPRs) with citizenship from affected countries who hold a valid I-551 (commonly called a green card) will be allowed to board U.S. bound flights. At the U.S. port of entry, LPRs are subject to security checks and will be assessed for exceptions for entry.

Department of Homeland Security issues a provisional revocation of all valid visas for individuals from affected countries. Individuals currently in the U.S. from an affected country with a valid visa cannot use that visa to re-enter the U.S. in the future, even if the visa is not officially marked as revoked by a government official. Please speak with your ISSO Adviser prior to traveling if the visa revocation applies to your situation.

January 27, 2017, President Trump Issues Executive Order on Border Security and Immigration

Effective January 27, 2017, President Trump issued an Executive Order that addresses border security and immigration. The Executive Order contains provisions that impact immigrants and non-immigrants from all countries, as well as provisions for citizens from specific countries.

Individuals on immigrant or non-immigrant visas from all countries are subject to the following provisions:

Suspension of Visa Interview Waiver Program and Increased Screenings: The executive order suspends the Visa Interview Waiver Program, which allows individuals to apply for visa renewals without an in-person interview. The executive order also calls for increased scrutiny at consulates and embassies abroad. Travelers should anticipate increased delays when applying for new initial or renewal U.S. visas. International students and scholars who experience visa delays should remain in close contact with their PI, HR representative and ISSO Adviser for advice on how to proceed.

Possible USCIS Processing Delays: The executive order suggests that USCIS benefit requests (such as change of status, F-1 OPT/OPT STEM employment authorizations, H1-B petitions) will undergo increased screening, which is likely to cause delays in benefit issuance. International students and scholars who experience USCIS processing delays should remain in close contact with their PI, HR representative and ISSO Adviser for advice on how to proceed.

Individuals on immigrant or non-immigrant visas with citizenship from Libya, Iran, Iraq, Somalia, Sudan, Syria, or Yemen are subject to the following provisions:

Suspension of Visas and Entry to U.S.: The executive order suspends U.S. visa issuance for 90 days, effective January 27, 2017. The executive order also suspends U.S. entry from abroad for 90 days, regardless of whether the individual holds a valid visa at the time of entry. It is possible that the suspension of visas and U.S. entry may resume beyond 90 days, pending review by the Department of Homeland Security (DHS). At this time, we do not anticipate domestic travel will be disrupted by the executive order.

Possible Suspension of USCIS benefits: The executive order also includes wording that suggests that USCIS benefits (such as change of status, F-1 OPT/OPT STEM employment authorizations, H-1B petitions) may also be suspended for 90 days, pending DHS review. We will provide additional guidance regarding benefits as information becomes available.

It is possible that those who are born in, who have dual citizenship, or who hold permanent residence in the targeted countries may also be subject to the suspension, entry and benefits provisions. When the Department of Homeland Security verifies this information, ISSO will reach out to respective populations that UCSF sponsors.

We recognize that these changes bring uncertainty, and we encourage international students, scholars and faculty to reach out to your ISSO Adviser with questions or concerns. Please know that ISSO is working closely with the UC Office of the President, UCSF General Counsel, our sister UC campuses, as well as our professional organizations (NAFSA, AILA) to monitor the continuing issues impacting our international community.

ISSO will remain in close contact with affected communities as additional information becomes available. Updates will also be posted on this site as they become available.